SUITT CONST. CO. v. SEAMAN'S BANK FOR SAVINGS

No. 7626SC198.

226 S.E.2d 408 (1976)

30 N.C. App. 155

SUITT CONSTRUCTION CO., INC., et al. v. The SEAMAN'S BANK FOR SAVINGS and First Union National Bank of North Carolina.

Court of Appeals of North Carolina.

July 21, 1976.


Attorney(s) appearing for the Case

DeLaney, Millette, DeArmon & McKnight, P. A., by Ernest S. DeLaney, Jr., and Ernest S. DeLaney, III, Charlotte, for plaintiff-appellant.

Smith, Anderson, Blount & Mitchell by John L. Jernigan, Raleigh, for defendant-appellee.


BRITT, Judge.

Plaintiffs contend that North Carolina law is applicable to the contract in question and that under the law of this State summary judgment in favor of defendants was not proper.

First, plaintiffs argue that the agreement was executed in Charlotte and was to be performed in that city. With respect to performance, plaintiffs insist that the construction of the apartment complex was the "thing to be performed" and the general rule is that the law...

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